Tennessee Workers’ Compensation: Injuries Sustained in Parking Lots on Employer’s Premises Held Compensable by Panel
In Moore v. City of Manchester, an employee of the City of Manchester received a message that her sister had fallen and injured herself. She decided to leave in order to check on her sister. It seemed luck was not on her side that day when, as she reached her car, she tripped and broke her wrist on the pavement.
The City denied her Tennessee workers’ compensation claim on the grounds that she was on a personal errand. The trial court ruled in the employee’s favor and on appeal, the Workers’ Compensation Panel (“Panel”) affirmed.
In making this decision, the Panel relied on a rule stated in Lollar v. Wal-Mart. In Lollar, the Supreme Court examined a number of parking lot cases and adopted the following rule: “We hold today that a worker who is on the employer’s premises coming to or going from the actual work place is acting in the course of employment. We further hold that if the employer has provided a parking area for its employees, that parking area is part of the employer’s premises.”
Despite what would seem to be a “bright line” rule, the employer argued that the Lollar rule was not applicable because Employee was embarking upon a purely personal errand—to see her injured sister.
Rejecting this argument, the Panel stated, that “[w]hile it is true that Employee was leaving Employer’s premises for a strictly personal reason, the same would be true of any employee who had completed her work day, and was in the process of going home, or going shopping or going to a restaurant.” Naturally, the Panel held against the Employer and levied a fine of $2,500 for bringing a frivolous appeal.
Score one for employees across Tennessee.
If you’ve been injured while at work and face a belligerent employer like the City of Manchester willing to go the distance (i.e., trial) to deny your claim, you will want an experienced workers’ compensation attorney who is also willing to go the distance for you. Call 866-853-2888 today to speak with a skilled Pigeon Forge workers’ compensation attorney at Baker Associates.
